2. The promoter is Sugar Australia Pty Ltd (ABN 82 081 245 169) of 265 Whitehall Street, Yarraville, Victoria, 3013 (Promoter).
3. Entry is open to any individual over 18 years of age in Australia (Eligible Person). Employees (and their immediate families) of the Promoter and agencies associated with this promotion are ineligible to enter. Immediate family means any of the following: spouse, ex-spouse, de-facto spouse, child or step-child (whether natural or by adoption), parent, step-parent, grandparent, step-grandparent, uncle, aunt, niece, nephew, brother, sister, step-brother, step-sister or first cousin. The promotion commences on 3 October 2018 at 10:00:00 AEDST and concludes on 10 October 2018 at 15:00:00 AEST (Promotional Period).
4. To enter the promotion, the Eligible Person must share a favorite family jam recipe and the story behind it to be in the running for the ultimate jam making kit. The Eligible Person must then, during the Promotional Period:
(a) Be a follower of the CSR Sugar Facebook Page
(b) Submit their entry via a comment on an existing post on the CSR Sugar Facebook or via their own Facebook.
5. The Promoter reserves the right, at any time, to verify the validity of entries and entrants (including an entrant’s identity, age and place of residence) and reserves the right, in its sole discretion, to disqualify any individual who the Promoter has reason to believe has breached any of these Terms and Conditions, tampered with the entry process or engaged in any unlawful or other improper misconduct calculated to jeopardise fair and proper conduct of the promotion. Errors and omissions may be accepted at the Promoter's discretion. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights. The Promoter's legal rights to recover damages or other compensation from such an offender are reserved.
6. Incomplete or indecipherable entries will be deemed invalid. That includes the quality of the photo, recipe or the comments.
7. Multiple entries are permitted, subject to the following:
(a) each entry must be substantially unique; and
(b) each entry must be submitted separately and in accordance with entry requirements.
8. If there is a dispute as to the identity of an Eligible Person, the Promoter reserves the right, in its sole discretion, to determine the identity of the Eligible Person.
9. This is a game of skill. Each entry will be judged by a representative of the Promoter.
10. The winner will be announced on the Promoter's social media channels on 29th March 2018. The Promoter's decision is final and no correspondence will be entered into. The winner will be notified through email or Facebook Messenger and will be asked to provide a contact phone number and residential address. All further correspondence will then be by email or phone.
11. The winner of the best valid entry will receive the total prize.
12. The total prize pool value is approximately $500. The prize is not transferable or exchangeable and cannot be taken as cash, unless otherwise specified.
13. If any prize (or part of any prize) becomes unavailable, the Promoter, in its discretion, reserves the right to substitute the prize (or that part of the prize) with a prize to the equal value and/or specification.
14. Prize will be sent to the winners at the address they provide.
15. Each time an entry is made the maker of that entry agrees and states that they are fully responsible for any materials they submit via the promotion including but not limited to comments, recordings and images (Content). The Promoter will not be liable in any way for such Content to the full extent permitted by law. The Promoter may remove or decline to publish any Content without notice for any reason whatsoever. Eligible Persons warrant and agree that:
(a) they will not submit any Content that is unlawful or fraudulent, or that the Promoter may deem in breach of any intellectual property, privacy, publicity or other rights, defamatory, obscene, derogatory, pornographic, sexually inappropriate, violent, abusive, harassing, threatening, objectionable with respect to race, religion, origin or gender, not suitable for children aged under 15, or otherwise unsuitable for publication;
(b) their Content does not contain viruses or cause injury or harm to any person or entity;
(c) they will obtain prior consent from any person or from the owner(s) of any property that appears in their Content;
(d) the Content is the original literary work of the entrant that does not infringe the rights of any third party;
(e) they consent to any use of the Content which may otherwise infringe the Content creator’s/creators’ moral rights pursuant to the Copyright Act 1968 (Cth) and warrant that they have the full authority to grant these rights; and
(f) they will comply with all applicable laws and regulations, including without limitation, those governing copyright, content, defamation, privacy, publicity and the access or use of others' computer or communication systems.
Without limiting any other terms, the entrant agrees to indemnify the Promoter for any breach of the above warranties.
16. As a condition of entering this promotion, each Eligible Person agrees to assign all of their rights, title and interest (including copyright) in their entry (including the Content) to the Promoter, and to execute any documents to confirm such assignment.
17. Any cost associated with accessing the website to enter is the Eligible Person’s responsibility and is dependent on the internet service provider used. The use of any automated entry software or any other mechanical or electronic means that allows an Eligible Person to automatically enter repeatedly is prohibited and will render all entries submitted by that Eligible Person invalid.
18. Winner’s consent to the Promoter using their name, likeness, image and/or voice (including photograph, film and/or a recording) in any media for an unlimited period without remuneration for the purpose of promoting this promotion (including any outcome), and promoting any products manufactured, distributed and/or supplied by the Promoter. Winner agrees to sign an appropriate release document to give effect to this requirement as and when requested by the Promoter.
19. If this promotion is interfered with in any way or is not capable of being conducted as reasonably anticipated due to any reason beyond the reasonable control of the Promoter, including but not limited to technical difficulties, unauthorised intervention or fraud, the Promoter reserves the right, in its sole discretion, to the fullest extent permitted by law: (a) to disqualify any Eligible Person; or (b) to modify, suspend, terminate or cancel the promotion, as appropriate.
20. Liability for any tax (other than FBT) arising out of participation in this promotion (including acceptance of a prize) is the sole responsibility of the Eligible Person. Eligible Persons should seek independent financial advice in this regard.
21. Nothing in these Terms and Conditions limits, excludes or modifies or purports to limit, exclude or modify the statutory consumer guarantees as provided under the Competition and Consumer Act, as well as any other implied warranties under the ASIC Act or similar consumer protection laws in the State and Territories of Australia (Non-Excludable Guarantees). Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter (including its officers, employees and agents) excludes all liability (including negligence), for any personal injury; or any loss or damage (including loss of opportunity); whether direct, indirect, special or consequential, arising in any way out of the promotion.
22. Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter (including its respective officers, employees and agents) is not responsible for and exclude all liability (including negligence), for any personal injury; or any loss or damage (including loss of opportunity); whether direct, indirect, special or consequential, arising in any way out of: (a) any technical difficulties or equipment malfunction (whether or not under the Promoter's control); (b) any theft, unauthorised access or third party interference; (c) any entry or prize claim that is late, lost, altered, damaged or misdirected (whether or not after their receipt by the Promoter) due to any reason beyond the reasonable control of the Promoter; (d) any variation in prize value to that stated in these Terms and Conditions; (e) any tax liability incurred by an Eligible Person; or (f) use of a prize.